AN ACT to amend and reenact subsection 3 of section 23-09.5-02 of the North Dakota Century Code, relating to cottage food transactions; and to declare an emergency.
SB 2386 amends North Dakota’s cottage food law to clarify and tighten the limits on certain uninspected meat and poultry products sold under the cottage food exemption. The bill keeps the existing prohibitions on interstate commerce, internet/phone sales, mail sales, and consignment, while revising the poultry language to specify when uninspected poultry products may be sold. Under the bill, a cottage food operator may sell uninspected poultry products only if the operator slaughters no more than 1,000 poultry raised by that operator in a calendar year, does not buy or sell poultry products other than those produced from poultry raised by the operator, and the product is not adulterated or misbranded. It also states that poultry products may not be sold under this transaction framework if the sale involves interstate commerce.
The bill’s practical effect is to modify the scope of the cottage food exemption in Chapter 23-09.5 of the North Dakota Century Code, affecting small-scale food producers, backyard poultry producers, and direct-to-consumer sellers. It preserves a narrow pathway for certain on-farm poultry processing and sales while reinforcing food safety and commerce restrictions. The emergency clause means the changes take effect immediately upon enactment rather than waiting for the normal effective date.
The available voting record shows very strong bipartisan support, with the Senate passing the bill 45-2 and the House passing it 90-1. That level of support suggests the measure was broadly viewed as a targeted clarification or adjustment to existing cottage food rules rather than a controversial overhaul. No committee transcripts were provided, so there is no recorded debate in the supplied materials.
The main point of potential contention is the balance between expanding local food sales opportunities and maintaining food safety and regulatory oversight. Supporters likely favored the bill because it gives clearer rules for small poultry producers and cottage food operators, while critics may have been concerned about allowing any uninspected poultry products to be sold outside the conventional inspection system. The bill’s narrow limits and emergency status suggest lawmakers intended to address a specific regulatory issue quickly while keeping the exemption tightly controlled.
SB 2386 amends subsection 3 of section 23-09.5-02 of the North Dakota Century Code, narrowing and clarifying the cottage food transaction rules for uninspected poultry products. It affects small-scale poultry producers and cottage food operators by defining when sales of uninspected poultry products are allowed and reaffirming prohibitions on interstate commerce and remote sales methods. The bill also declares an emergency, making the changes effective immediately upon enactment.
The bill appears to have been received positively and with little opposition, as reflected in the overwhelming Senate and House vote margins. The voting pattern suggests broad agreement that the measure was a practical update to cottage food law rather than a major policy dispute. No committee discussion was provided, so the record does not show detailed public disagreement or amendment debate.
The likely area of contention is whether and how far to allow sales of uninspected poultry products under cottage food rules. Supporters would emphasize local food entrepreneurship and a limited, clearly defined exemption for small producers, while opponents would focus on food safety, inspection standards, and the risks of expanding sales of uninspected meat products. The bill resolves that tension by imposing strict limits on production volume, source of poultry, and product integrity, and by excluding interstate commerce.